There is a difference in the reference to having the BWV powered on as opposed to actually video recording an encounter. When the BWV is powered off, it is dead. When it is powered on, it is actually recording everything that you do in a two minute loop, even though you have not pressed the video activation button. Every two minutes it records over the previous minutes in a continuous loop that is not saved. This is referred to as a pre-activation buffer. However, when you activate recording by clicking on your unit, that two minutes is saved. The pre-activation buffer records video only because the loop does not record sound. Therefore, when you push the record button, two minutes of video absent sound are saved by the unit and recording starts with sound. When you upload the video at end of watch, the incident recording begins with the previous two minute buffer (without sound) and then video with sound which continues until you turn it off.
When this clip is audited by the Department, if there is not a full two minutes of silent audio, the Department assumes that you did not have the unit powered on. Because it was off, it was not creating a loop. Therefore, if you power the BWV on at an incident in the field at activate the the video, the video will start recording with sound. There will be no pre-activation buffer, or there will be a buffer of less than two minutes, indicating that you did power it on shortly before the incident, but you did not have the unit powered up previously.
The Department will term a lack of buffer, or insufficient buffer, as a “late activation.” You will have violated policy. It may result in verbal training, action items, a paper penalty, or even a 1.28.
This issue is looked at especially closely during Categorical Use of Force investigations.
